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CASE NO.:

Appeal (civil) 849 of 2007

PETITIONER:

State of Manipur & Ors

RESPONDENT:

Y. Token Singh & Ors

DATE OF JUDGMENT: 20/02/2007

BENCH:

S.B. Sinha & Markandey Katju

JUDGMENT:

J U D G M E N T

WITH

[Arising out of SLP (C) No. 19110-19112 of 2005]

CIVIL APPEAL NO.850 OF 2007

[Arising out of SLP (C) No. 19375-19376 of 2005]

S.B. SINHA, J :

Leave granted.

The State of Manipur is in appeal before us questioning the judgment

and order dated 29.07.2005 passed by a Division Bench of the Guwahati

High Court in WA Nos. 61, 78, 79, 95 and 100 of 1999 upholding a

judgment and order of a learned Single Judge of the said Court dated

19.02.1999 in C.R. Nos. 324, 1012, 568, 1022 and 1023 of 1998.

One Shri A.J. Tayeng was the Revenue Commissioner of Government

of Manipur. The State of Manipur had not framed any recruitment rules for

appointment inter alia in the Revenue Department and in particular the field

staff thereof. The Commissioner of Revenue Department was conferred

with a power of being the cadre controlling authority for non-ministerial post

of the Revenue Department. He was also to be the Chairman of the

Departmental Promotion Committee for non-ministerial post of the Revenue

Department.

The Commissioner allegedly made certain appointments in the posts

of Mandols, Process-Servers and Zilladars which was not within the

knowledge of the State. The said appointments were made on temporary

basis. Appointments were made on 11.09.1997, 22.11.1997 and 5.12.1997.

A sample copy of the offer of appointment reads as under:

"No. 1/14/97 \026 Com (Rev) : On the

recommendation of D.P.C. and under the

directives issued by the Hon’ble Gauhati High

Court, the following persons are hereby appointed

as Mandols on temporary basis in the scale of pay

of Rs. 950-20-1150-EB-25-1400/- per month with

usual allowances against thereto existing clear

vacancies of Mandals under Revenue Department

from the date of their joining on duties.

2. Further, they are posted at the places

indicate against their names:-

*** *** ***

3. The expenditure is debitable under

Appropriate Heads of Accounts of the

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Departments/ Offices concerned."

No record in regard to the said recruitments was maintained. An

inquiry was, therefore, made to find out the authority which had issued the

said offers of appointments. Shri Tayeng by a UO Note dated 12.01.1998

denied to have made such an appointment stating:

"CONFIDENTIAL

U.O. No. 2/15/93-Com (R) Pt.

Imphal, the 12th Jan., 1998

Sub: Submission of report.

With reference to the U.O. letter No. 2/15/93-

Com(R) Pt. Dated 6th January, 1998 regarding the

alleged appointment of ad-hoc/ regular

appointment to the post of Lambus/ Mandols etc.

of the Hon’ble Minister (Revenue), I am to say that

I am not all aware of such appointments made by

me except for 3 Lambus who were kept in panel

for appointment, and accordingly the S.O.

(Revenue) Shri Robert Shaiza was instructed to

take care. I, therefore, deny making of such

appointments.

On the other hand, Md. A.R. Khan,

Secretary (Revenue) has made many appointments

of Mandols/ Process Servers/ Zilladars in the

recent months against which I have been

complaining that the Secretary (Revenue) has no

power or authority to make any appointments of

field staff as per Rules provided under M.L.R. Act,

1960. In this regard, I have apprised the matter to

the Hon’ble Minister (Revenue) already and also

informed the Chief Secretary, Manipur explaining

that the Secretary (Revenue) cannot make such

appointments of field staffs, even if he wanted to

do so, all the relevant files should have been routed

through the undersigned so that the same may be

brought to the notice of the Hon’ble Minister

(Revenue). His action has